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Tag Archives: supplement
supplement guide isn't "advertising or promotion" under the Lanham Act, even w/undisclosed affiliation
Ariix, LLC v. NutriSearch Corp., 2019 WL 1040135, No. 17CV320-LAB (BGS) (S.D. Cal. Mar. 5, 2019)Previous iteration discussed here. Arrix competes fiercely with Usana in the nutritional supplement market. NutriSearch publishes the NutriSearch Comparative Guide to Nutritional Supplements, a guide … Continue reading
Posted in Advertising Law
Tagged "advertising, Affiliation, Even, Guide, isn't, Lanham, promotion", supplement, under, w/undisclosed
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Ninth Circuit Affirms FDA Preemption in Tossing Vitamin E Supplement Case
There is no denying that, at times, the express claims made on dietary supplement labels may seem to convey a broader implied claim to the consumer regarding the supplement’s performance benefits. While that may be true, last month the Ninth … Continue reading
Posted in Advertising Law
Tagged Affirms, case, Circuit, Ninth, Preemption, supplement, Tossing, vitamin
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FDA Announces Various Initiatives to Increase Oversight of the Dietary Supplement Industry
By Riëtte van Laack — On February 11, 2019, Dr. Gottlieb issued a statement that appears to build on statements from December 2018. In December 2018, as part of remarks to the FDLI Enforcement, Litigation, and Compliance Conference, Dr. Gottlieb … Continue reading
Posted in Products Liability
Tagged announces, Dietary, increase, industry, Initiatives, oversight, supplement, Various
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FDA’s Increased Dietary Supplement Oversight
Yesterday the Food & Drug Administration (“FDA”) Commissioner announced a new plan for increased oversight over dietary supplements. In his statement, the Commissioner noted how much the dietary supplement market has grown and how many consumers now take a dietary supplement on a regular … Continue reading